Oneida City Zoning Code
ARTICLE III
Application of Regulations
§ 190-10 Interpretation of Zoning Maps.
The following rules shall apply to determine the boundaries of the districts shown on the Zoning Maps:
A.
Whenever district boundaries follow roadways, the center lines of such roadways shall be considered the district boundaries. Whenever district boundaries on the Zoning Maps follow natural features such as streams or waterways, the center of such natural features or the limits of the City's jurisdiction where they form a municipal boundary, shall be considered the district boundary.
B.
Whenever district boundaries are so indicated that they apparently follow individual lot lines, such lot lines shall be considered the district boundary.
C.
Where a district boundary line does not follow such a line, its position shall be shown on the Zoning Map by a dimension expressing its distance in feet from a roadway center line or other identifiable point as indicated; or where no such dimension appears, its location shall be determined by use of the scale appearing on the respective Zoning Map.
D.
Where a district boundary line divides a single and separate lot on the effective date of these regulations or their applicable amendment, the standards for the less restricted portion of such lot shall extend not more than 50 feet into the more restricted portion, provided that the lot has frontage on a roadway or shoreline in the less restricted district.
E.
RM District.
(1)
The delineation of the Resource Management RM District on the Zoning Maps is intended to include the following specific features:
(a)
Flood hazard areas.
(b)
Wetlands.
(c)
Steep slopes and adverse soil conditions.
(d)
Certified Agricultural Districts.
(2)
The delineation of these features is not often readily dimensioned from an identifiable point of reference on the map. Field inspection and interpretation by the Building Inspector/Code Enforcement Officer shall determine the actual location of these features with reference to a particular site as may be required by the Joint Zoning Board of Appeals/Planning Commission in its review of an application or an appeal in such areas.
[Amended 11-8-2017 by L.L. No. 5-2017]
F.
In the event that the Building Inspector/Code Enforcement Officer is unable to determine the true location of a district boundary line in a particular instance, or in the instance that the Building Inspector/Code Enforcement Officer's determination is disputed, the Joint Zoning Board of Appeals/Planning Commission, upon application, shall render a determination.
[Amended 11-8-2017 by L.L. No. 5-2017]
§ 190-11 Interpretation of regulations.
A.
Regulations governing minimum lot area and lot width; required front, side and rear yard dimensions; maximum lot coverage and building height are specified in the Zoning Schedule, subject to such additional standards as may be set forth in these regulations.
B.
Except as otherwise provided in these regulations:
(1)
No building shall be constructed, erected, located or expanded, and no building or part thereof, shall be used for any purpose or in any manner, except as permitted, for the district in which said building or land is located, as set forth under the list of permitted standard and conditional uses in the Zoning Schedule of these regulations.
(2)
No existing lot of record on the effective date of these regulations or their applicable amendment shall be reduced, subdivided, or otherwise reduced in size or changed in configuration so as to make it nonconforming.
(3)
No building shall be constructed, erected, located or expanded, nor shall any open space surrounding any building be encroached upon or reduced in any way, except in accordance with the lot, yard, and building requirements of these regulations for the district in which such building is, or is proposed to be, located.
(4)
No required yard or other open space, surrounding any building shall be considered as providing the requisite yard or open space area for another building on the same or any other lot.
(5)
Where any lot or parcel is located in more than one zoning district, the required minimum lot area shall be as required for that district in which the building or use is proposed to be located providing the lot or parcel has the required minimum lot width in this same district; otherwise, the required minimum lot area, lot width and yard dimensions shall be determined in corresponding proportion to the percentage of the lot or parcel in each separate zoning district.
§ 190-12 Nonconforming situations.
A.
A permitted building or use may be constructed or located on any lot of record as of the effective date of these regulations or their applicable amendment, in any district even if said lot does not meet the minimum lot area and lot width requirements for said use in the district in which it is located, providing the following conditions exist or are met:
(1)
The owner of said lot owns no adjoining unimproved land which would create a conforming lot if combined with the lot which is deficient in area or width.
(2)
Any building or use located on a nonconforming lot shall have front, side and rear yards conforming to the minimums required for the district in which said lot is located, unless varied by the Joint Zoning Board of Appeals/Planning Commission.
[Amended 11-8-2017 by L.L. No. 5-2017]
B.
The lawful use of any land or principal or accessory building or use requiring a permit under these regulations and existing on the effective date of these regulations or their applicable amendment may be continued although such building or use does not conform with the provisions of the same; and any such building or use may be removed, discontinued, reconstructed, added to, altered or changed in use subject to the following:
(1)
A building or use nonconforming as to location shall not be extended, expanded or altered in any way that will extend or further aggravate the nonconforming features.
(2)
A use or building, nonconforming as to use, shall not be extended, expanded, or altered during its life to an extent exceeding in aggregate 50% of the size of such building or use on the effective date of these regulations or their applicable amendment unless such building or use is changed to conform to these regulations.
(3)
A nonconforming building or use, once purposefully and substantially removed for a period of one year or more, shall not be reintroduced or replaced other than by a conforming building or use, unless a conditional use permit is approved by the Joint Zoning Board of Appeals/Planning Commission.
[Amended 11-8-2017 by L.L. No. 5-2017]
(4)
A nonconforming building or use which has been damaged by fire or other natural causes to an extent less than 50% of its value, may be restored, reconstructed or used as before, provided the bulk, height, and area requirements do not exceed those that existed before said damage. Said restoration must be completed and a certificate of compliance issued within one year of such occurrence.
C.
Amortization of certain nonconforming short-term rental uses. Notwithstanding the other provisions of this Article III, a valid nonconforming short-term rental use existing at the effective date of adoption or amendment of § 190-26.3 (Short-term rental uses) may continue only if and in the manner and time period specifically permitted by the Joint Zoning Board of Appeals/Planning Commission by conditional use permit approval pursuant to § 190-26.3.
[Added 12-6-2022 by L.L. No. 11-2022]